The Biden Administration’s Department of Justice issued a statement Thursday, committing to taking Wednesday’s circuit court ruling restricting the abortion pill all the way to the Supreme Court.
Yesterday, the U.S. Court of Appeals for the 5th Circuit temporarily blocked Trump-appointed Federal Judge Matthew Kacsmaryk’s decision to suspend the FDA’s approval of the dangerous abortion pill — mifepristone — but implemented some restrictions on the drug.
The circuit court ruled that the mifepristone will remain available but upheld Kacsmaryk’s suspension of mail-order abortion pills and reimplemented rules that the lethal drug can only be provided in person at a clinic or hospital, not via the mail or through retail pharmacies.
The court also ruled the drug would remain legal for up to seven weeks of pregnancy while the case is being appealed. Previously, the abortion pill was approved for up to 10 weeks of pregnancy. Lastly, the ruling requires that all adverse events related to the abortion pill once again be reported, not just fatalities. Before now, the FDA did not require reporting of non-fatal adverse reactions.
“The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal,” said U.S. Attorney General Merrick Garland. “We will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care.”
Last week, Kacsmaryk froze the FDA’s approval of the abortion pill, explaining
